Manahan and San Juan v Sacco

Landlord wins · St. Catharines · 2020-12-08

Adjudicator

Tavlin Kaur

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

V.M., L.S.J.

Tenant

P.S.

Landlord rep

Francisco Gomez

What happened

Landlords applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the Tenant did not void by paying the arrears. The Tenant had not vacated the rental unit by the hearing date.

The ruling

The tenancy is terminated effective December 19, 2020. The Tenant must pay the Landlords $24,704.77, which includes rent arrears up to December 8, 2020 and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenant must also pay $69.04 per day for compensation for use of the unit starting December 9, 2020 until the Tenant moves out. If the Tenant does not pay the full amount by December 8, 2020, the Tenant will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by December 19, 2020, the Landlords may file the order with the Sheriff for enforcement.